Process

In the words of Socrates, “By far the greatest and most admirable form of wisdom is that needed to plan and beautify cities and human communities.”

For those of us devoted to the arduous and complex task of building better places, an intriguing question was succinctly asked of the FBCI recently and it sparked a healthy debate amongst us.

How is a form-based code more effective than a conventional use-based code with form standards added to it?

We believe it is, but explaining exactly how requires us to be more precise.

But first, let’s take a step back in understanding how form-based codes (FBCs) came to be reintroduced into our planning lexicon. They are by no means new. The principal reason form-based codes were proposed, as an alternative to Euclidean codes, was one of absolute necessity in an attempt to provide a legal zoning framework that more consistently delivered walkable, mixed-use, compact communities of lasting value. New Urbanist plans were too often being derailed by, or just deemed too difficult to implement due to the convoluted zoning process. The existing codes simply no longer provided communities with what they collectively wanted and came to be viewed by planners, unhappy citizens and a growing cadre of elected officials as ineffective, complicated, unpredictable and costly. So change, and radical change no less, came about with a much greater emphasis on physical form, a higher quality public realm and character of place. FBCs have managed to achieve such desired physical outcomes more consistently and in ways that conventional codes have not.

While coders may argue that both FBCs and conventional codes can yield good designs, and indeed they can and have, I’d first rephrase the question to ask “which is more likely to yield a better place?” and to me, unequivocally, the former will. That is because FBC’s are principally designed to achieve a specific physical outcome with a primary focus on form and character of place and a secondary focus on uses and permitting. FBCs allow sustainable planning and infrastructure practices to shape communities. A good FBC organizes and regulates development by degree of urbanism, and manages to strike that delicate balance of being prescriptive enough to yield certain outcomes but not rigid enough to stifle creativity. An often-read critique accuses FBCs are being too prescriptive and rigid on aesthetics, yet most are silent on architectural style. Instead, I’d argue that FBCs provide more flexibility by assigning a different set of urban standards than use-based codes assign, yet allow for a much greater mix of uses within a building. I have yet to see a conventional use-based code, even with form-based standards attached to it, prioritize form within its proper context or provide the integral toolkit of components needed for place-making. Instead, we have seen the single-use, sprawl-inducing, auto-centric developments this typically yields.

The great places we love to visit have certain fundamental established elements that are not only measurable but that also provide the flexibility needed to evolve over time. None of them are strictly related to use, beyond facilitating mixed-uses. As an architect, I am well aware that zoning codes are no substitute for good architecture, but they can ensure a higher quality urbanism by establishing clear rules that shape the buildings, which is arguably more important. At their essence, FBCs more precisely regulate development to achieve a specific urban form and place particular emphasis on three critical issues that promote mixed-use, walkable environments. These are: 1) the relationship between a building and the street (a building’s frontage); 2) the public spaces; and 3) scale transitions between development intensities. FBCs do not ensure a great place any more than conventional codes preclude great places, but I believe they provide the better, reality-tested tools for crafting the vision.

So back to the original question posed above. The answers fall into two main categories:

1. FORM & TYPOLOGY

A key difference is that FBCs more precisely provide the essential range of tools required to ensure place-making in a manner that had become a lost or forgotten art. FBCs explicitly establish the relationship between the design of the public realm and private frontage and how the different components (such as frontage standards and building type standards) must interact together in order to achieve a community’s vision and shape their community accordingly. Such typologies are not as implicit in the more conventional codes.

(Images courtesy of City of Miami Planning Dept.)

Before the new form-based codeMiami, Fl

After the new form-based codeMiami, FL

2. PROCESS & PLANNING

FBCs are often accompanied by master plans and/or regulating plans that tie form to pattern in ways that use-based codes do not. This makes FBCs more effective as they are often arrived at through a collaborative, community-based planning effort designed to settle on a vision plan.

Implementing FBCs are hard work and require great political will, support and commitment on behalf of elected officials and the community-at-large. However, once adopted, FBCs provide clarity of vision and allow for mixed-use and walkable environments by right, or with an easier approval process because a predictable physical outcome is much more likely and they have already received community support. Clear, user-friendly, graphic regulations also make the code easier to navigate and administer. Of course, conventional codes have also produced great urban spaces. However, they typically require greater effort through prolonged case-by case negotiations, which often prove to be too time-consuming, less fair, and unpredictable to be truly effective on a large scale. And that is why, even with the best of intentions of use-based codes, so many places fall short of the desired physical form. Conventional zoning codes introduced PUDs in an attempt to provide greater predictability of place, but they have yielded mixed results.

Safeway in 2002: Columbia Pike BEFORE form-based codes

Safeway in 2010: Columbia Pike AFTER form-based codes

FBCs are by no means a panacea to all zoning woes. Our real mission is to enhance and create great urbanism by removing impediments in our current zoning codes. There are many ways to achieve that. All codes are unique to their place and context and I readily acknowledge there is a place for more conventional zoning or hybrid form-based zoning, depending on a host of factors, including a community’s desire to be preserved, allowed to gradually evolve or undergo substantial transformation.

Of course, the true measure of the success of both types of codes will ultimately be determined by the quality of development within a community, the work it took to achieve it, and how much it is loved, used, reused and respected by its residents over time.

The number of cities choosing to adopt form-based codes grew slowly at first, but is now growing exponentially as small and large, national and international municipalities alike begin to more forcefully shape their vision plans for more economic resilience, socially equity and environmental sustainability. According to one count, 455 form-based codes meet FBCI criteria, covering 39 million acres and 42 million people, generating billions of dollars of economic development and providing vital real-life testing of character-based land use regulations. Moreover, since 82% of these have been adopted since 2003, population density is expected to increase dramatically as development occurs under these form-based codes. (Source: http://www.placemakers.com/how-we-teach/codes-study/)

However, FBCs represent a mere 1% of codes currently under use. So much work remains to be done, yet I’d argue that FBCs are gaining traction when we begin to see conventional, use-based codes adapted with form standards attached to them. This too is an encouraging step in the right direction.

Upcoming The True Effectiveness of Form-Based Codes Classes

No The True Effectiveness of Form-Based Codes classes are currently scheduled. Contact FBCI to learn more about upcoming classes, or browse recorded webinars for learning opportunities available online anytime.

While lifting federal funding restrictions on stem cell research President Obama said, “we will develop strict guidelines, which we will rigorously enforce, because we cannot ever tolerate misuse or abuse.” Notwithstanding the political rhetoric, are standards different than strict guidelines? Can guidelines be rigorously enforced? In common usage, the terms “guidelines” and “standards” are frequently used interchangeably. However, within the development regulatory framework, a guideline is a helpful suggestion — you don’t have to follow it, but it is recommended. On the other hand, standards are legal and mandatory requirements.

Design Guidelines

Guidelines are explanatory and interpretive recommendations that encourage, not require, its use. Administered through appointed design review committee, commission, or advisory board, guidelines are created to fit a wide range of situations, but not all. Guidelines are typically attractive to cities that are not politically ready to enforce design standards. Guidelines are also preferred by designers who have little tolerance for any standard that tends to limit their creative expression. Good judgment is needed in deciding where and how to apply design guidelines.

The problem with design guidelines is that their application is skin deep and fails to breathe life and soul into a place. The diagram (to the right) illustrates the differences between conventional zoning, design guidelines, and form-based codes. The building block (top image) complies with typical zoning controls such as land use, FAR, and height. This block is not likely to create walkable urbanism. At best, design guidelines (middle image) can recommend articulation and openings to the building’s facade. In contrast, Form-Based Codes (bottom image) conceptualize a public realm by pulling together the individual elements: the diverse street types, variety of public and private open spaces, and contextual building types into a complete, cohesive, and memorable place.

Form-Based CodesStreet and building types (or mix of types), build-to lines, number of floors, and percentage of built site frontage specified.

A key barrier to protecting and creating distinctive places is lack of clear and precise place-based standards and a predictable review process. Design guidelines are difficult to apply consistently. They offer too much room for subjective interpretation. Design guidelines are difficult to enforce. A developer can legally refuse to comply putting at risk the larger collective investments of neighboring properties. Design Guidelines require oversight by discretionary review bodies, leading to a protracted and politicized planning process that can cost time and money.

Form-Based Codes

Form-Based Codes (FBCs) are clear and precise standards that offers predictability. The FBCs are developed to create a specific place that the citizens desire. Both the vision and FBCs are developed with citizen input. The citizens have a higher comfort level with the end result the standards is likely to produce. City staff gets a streamlined and easy to administer review process. FBCs also create more choices, more opportunities and options for the property owner. Typically, developers borrow money to pursue pre-construction work. For developers, time is money. The biggest incentive that cities can offer is not money, but clear and predictable development standards. Most developers are willing to build to higher standards if the rules are clear and the process is predictable. By offering adjacent predictable environment FBCs reduce risks where banks in this credit-starved economy may be more willing to loan construction money.

Conclusion

Design Guidelines can be added to complement Form-Based standards to address certain discretionary items such as architectural style and historic preservation. The Denver Commons Form-Based Code, recognized with the 2009 Form-Based Codes Institute’s Driehaus Award, includes both standards and guidelines. The mandatory standards address the critical form related aspects that shape the public realm, while the guidelines provide further suggestive recommendations for enhancing the public realm experience by encouraging creativity in a flexible manner.

Louis Kahn called a street “a room by agreement.” The agreement, in the form of binding standards, is an implicit consent between the architects and their buildings to not ignore the street but to bring forth a collective etiquette and a minimum capability to pull together buildings to shape and enhance the public realm.

By itself, the guidelines simply fail to deliver great places. The terms “strict guidelines” fail to inspire compliance. The “abuse and misuse” continues with discretionary review and unpredictable outcome fueling NIMBY sentiments and discouraging economic development. Design guidelines work best only when they are paired with form-based codes.

Upcoming Why Design Guidelines, On Their Own, Don’t Work Classes

No Why Design Guidelines, On Their Own, Don’t Work classes are currently scheduled. Contact FBCI to learn more about upcoming classes, or browse recorded webinars for learning opportunities available online anytime.

The City of Keene, New Hampshire is seeking the services of a qualified professional planning consulting firm to assist the City in its efforts to develop a unified land development code and to establish Form Based Zoning in its Downtown. The City is seeking a Consultant team tocomplete the following tasks:

Assist the City in its effort to update and re-structure the City’s land use regulations into an efficient and easy to use unified development code and to align them with the community vision and goals

Develop visualizations and graphics to enhance the readability of the regulations

Lead an effort to prepare a Form Based Code for the City’s historic downtown area

Request for Qualifications Statements are due by 4:00 pm on February 9, 2018 to the Purchasing Office, City Hall, 2nd Floor, 3 Washington Street, Keene, New Hampshire 03431.

Upcoming City of Keene, NH Seeks Consultant to Assist in Development of Unified Development Ordinance and Downtown Form Based Zoning District Classes

No City of Keene, NH Seeks Consultant to Assist in Development of Unified Development Ordinance and Downtown Form Based Zoning District classes are currently scheduled. Contact FBCI to learn more about upcoming classes, or browse recorded webinars for learning opportunities available online anytime.

The City of Greenwood, Indiana (population 56,545 according to the 2016 American Community Survey) is accepting proposals from qualified consultants and firms for the updating and rewriting of the Zoning Ordinance and Subdivision Control Ordinance to create a Consolidated Development Ordinance. Consultants and firms must have experience and knowledge in the fields of municipal planning and zoning, including experience in the writing and updating of zoning, subdivision, and consolidated development code regulations. The City is looking for form based or context sensitive applications in the development of the new regulations creating both design and infill standards for development in both the City’s existing developed areas as well as greenfield targeted growth areas on the southwest and southeast portions of the City. Key components of the revisions would place emphasis on connectivity, walkability, complete streets, mixed use commercial nodes that enhance quality of life in the City, and increased user friendliness, with a particular focus on illustrations and graphics.

Greenwood adopted a Comprehensive Plan on December 17, 2007, with amendments on February 16, 2009 and December 17, 2012. Additions to the Comprehensive Plan include updated maps to address issues with incompatible land uses and expended planning area boundaries. The Comprehensive Plan and amendments thereto can be viewed at www.greenwood.in.gov

The last complete rewriting of the Zoning Code was in 1982. The Zoning Code has been amended in a piecemeal fashion since that date, including amendments for corridor overlay districts, architectural design standards, landscape standards, and sign regulations. Because the Zoning Code is dated and has been amended in a piecemeal fashion, it does not always reflect best contemporary zoning and planning practices. The City’s current Zoning Code can be viewed at www.amlegal.com

No Zoning Code Rewrite/Consolidated Development Ordinance Greenwood, IN classes are currently scheduled. Contact FBCI to learn more about upcoming classes, or browse recorded webinars for learning opportunities available online anytime.

The Town of Parker (the “Town”) is seeking letters of interest from qualified multi-disciplinary consultants and consultant teams that have an interest in participating in a modified interview selection process or a formal solicitation process for the Modernization of the Land Development Ordinance (LDO) for the Town. The Town seeks to identify prospective consultants or consultant teams that will partner with the Town to bring a full range of expertise in current development practices, land use, urban design, zoning, and project management to comprehensively update and modernize the LDO. Project essentials also include an understanding of land use law with a proven track record in community engagement. This effort will entail a major revision and overhaul of the LDO to incorporate best practices, form-based code approaches, modern zoning principles and a user-friendly administrative framework. Once the Town has identified experienced consultants or consultant teams which it believes can perform the desired services in the manner specified, the Town may seek to negotiate a satisfactory contract with the consultant or consultant team which the Town believes best fulfills the needs, requirements, and expectations to establish a new LDO that reflects the aspirations and high standards of the community as expressed in the Parker 2035 Master Plan.

Upcoming RFIE #17-016; Modernization of the Land Development Ordinance Classes

No RFIE #17-016; Modernization of the Land Development Ordinance classes are currently scheduled. Contact FBCI to learn more about upcoming classes, or browse recorded webinars for learning opportunities available online anytime.

How do you create an attractive, accessible, diverse community—a neighborhood that is recognized and celebrated as a great place to live, work and play?

Conventional land-use regulations focus on separation of land uses, which results in isolation, suburban sprawl, income- and ethnicity-based segregation and a dearth of attractive public spaces. Car-oriented planning has robbed many places of vitality, eroded community life and discouraged walking, cycling and use of public transit.

The solution: land use and development regulations designed to shape the urban form to accommodate a variety of lifestyles, transportation alternatives and a variety of social interactions, all in an appealing setting.

Form-based zoning codes (FBC) give form to the built environment while enabling a variety of uses, including residential, retail, office, recreation and entertainment. The result is a community designed to be walkable, provide access to many transport options and attractively designed featuring plenty of open space to bring people together and encourage street life. Each code’s design is developed with substantial input from local residents and property owners.

“FBCs are an excellent tool because they are driven and shaped by what the community wants and the kind of place where they want to live and work. This approach leads to the development of unique, user-friendly neighborhoods,” explained Christopher Zimmerman, vice president for development at Smart Growth America and former chair of the County Council in Arlington, Virginia.

The Form-Based Codes Institute (FBCI) is holding its inaugural FBCI Forum this fall that will bring together to developers, planners, elected officials and urban designers to discuss and exchange best practices for how to create these types of vibrant and increasingly popular communities with form-based codes.

The FBCI Forum, which is being held on Oct. 11-12 in Rosslyn, Virginia, will provide invaluable information, insights and examples that will be useful to citizen planners, planning and zoning officials, urban designers, architects, real estate developers, land use attorneys and students of all these disciplines.

Tips from real estate developers, planners and other land use professionals from Nashville, Tenn., Arlington County, Va., Somerville, Mass., Fort Worth, Texas and other communities where FBCs are being used for great placemaking; and

Presentations by top urban designers and code writers from top firms such as Dover Kohl, DPZ, Ferrell Madden, Opticos Design and Lisa Wise consulting that has written codes for Winnooski, Vt., Miami, Fla., and Flagstaff Ariz., among others on how to tailor an FBC to meet a community’s priorities.

Topics that will be covered range from how FBCs contribute to economic development, downtown and neighborhood revitalization, preserving historic buildings and neighborhoods, retrofitting suburbs and enhancing rural and small communities.

Attendees will also take a guided tour of Columbia Pike, a 3.5-mile urban corridor close to downtown Washington that was transformed through the implementation of an FBC. The code turned the pike from a run-down stretch of parking lots, strip shopping centers, fast food restaurants and auto dealers backing up to single-family homes to an attractive mixed-use, walkable neighborhood featuring retail and office space, new homes, a new community center and a new public plaza.

To learn more about the FBCI Forum and to register to attend this unique, event and learn more about FBCs and their potential to revitalize your community, visit the event website.

No Experts Discuss Zoning Reform to Create Vibrant, Walkable, Mixed-Use Communities classes are currently scheduled. Contact FBCI to learn more about upcoming classes, or browse recorded webinars for learning opportunities available online anytime.

The Town of Munster, Indiana is seeking statements of qualifications from urban planning consultants to prepare a form-based zoning ordinance to supersede its existing zoning ordinance and other local land development regulations.

Munster, Indiana is located in Lake County, Indiana, 30 miles southeast of the Chicago Loop. Since its incorporation in 1907, the Town of Munster has evolved into an established and prosperous community of 23,000 residents, serving as a cultural and medical hub for the greater Northwest Indiana region. Today, Munster is almost completely developed and exists as a stable, auto-oriented community of primarily mid to late 20th century neighborhoods with an extensive parks and trails system.

In 2010, the Town of Munster adopted a comprehensive plan that identified six guiding principles for its future development:

Submittals must be received by the Town of Munster by no later than 4:00 p.m. (CST) on October 20, 2017.

Upcoming Development of a Form-Based Zoning Ordinance for the Town of Munster, Indiana Classes

No Development of a Form-Based Zoning Ordinance for the Town of Munster, Indiana classes are currently scheduled. Contact FBCI to learn more about upcoming classes, or browse recorded webinars for learning opportunities available online anytime.